Mediation may Help Reduce Huge Backlog of Legal cases - CJ


Udayavani

Bangalore, January 19: Chief Justice of India, Justice K G Balakrishnan said on Saturday mediation might be a useful mechanism to reduce the large backlog of cases that congest the country's legal system.

He said the advent of globalisation and the growth of science and technology in everyday lives has given rise to new causes of action, which call for a corresponding change in the way one sees disputes on Saturday.

The availability of organised and well-regulated mediation empowers lawyers to provide better service to litigants, Justice Balakrishnan said at the South India Regional Conference on Mediation, organised by the Bangalore Mediation Centre as part of its first anniversary celebrations.

"It reduces costs, time and stress as compared to court based litigation", he said.

"Moreover, the latter option is always available as a last recourse to parties who are unable to come to a solution to their dispute. In this manner, lawyers can greatly improve their practice and efficiency. Mediation thus makes good professional sense".

Justice Balakrishnan expressed the view that the courts, while promoting court-assisted mediation, should also promote after-dispute discussion and critical analysis.

Union Minister for Law and Justice, H R Bhardwaj, favoured settling simple cases as well as commercial and bid disputes through mediation.

  

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Comment on this article

  • Purushttama, Byndoor

    Mon, Jan 21 2008

    It may appear to be a way out but the practical problem is as between the two parties the financially weaker one may have to make the sacrifices due to the unbearable cost the delays in the judicial process cause to him. The best way will be to have more courts, abolish the court vacations which they enjoy like the schools, not allowing or limitng adjournments etc.

    Judicial reforms including transperancy and accountability are such issues, though occassionally discussed are kept in the back burner. The ultimate test is when common man gets quick justice at affordable costs. Is it too bad to expect this atleast after six decades of our Independence?

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